KAUFMAN v. POND REALTY ASSOCS.


203 A.D.2d 201 (1994)

612 N.Y.S.2d 853

Arthur Kaufman et al., Appellants, v. Pond Realty Associates et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 1994


The trial court correctly determined that plaintiffs had failed to establish a prima facie case (see, Hylick v Halweil, 112 A.D.2d 400), and that not only had defendants breached the purchase contract, but that the individual plaintiff was financially unable to proceed with the closing. Accordingly, the case was properly taken from the jury and decided in defendants' favor as a...

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